I will talk about WC insurance today. WC insurance is the abbreviation of "Worker's Compensation Insurance", which is included in the insurance-related clauses of contracts, especially in overseas investment projects and services provided to companies abroad.
WC, commonly referred to as "workers' compensation", is a government-mandated program that provides benefits to workers who are injured or taken ill on the job or as a result of work related injuries. The program is an effective disability insurance scheme for workers, providing cash benefits, health benefits, or both, to workers who suffer injury or illness as a direct result of their work.
Must look familiar, don't you think? Yes, that's SSI. That's the Social Security System.
The concept of social security, which is defined as a system that covers the needs of those whose income or earnings have been interrupted due to an occupational or social risk, without the necessity of the support of others, is defined according to the International Labor Organization (ILO) as “the protection provided by society to its members against economic and social difficulties caused by total or substantial loss of earnings due to illness, pregnancy, work accidents, unemployment, old age and death, medical care provision and support for families with children, with a series of public measures.” Source (sgk.org.tr)
Social security in Turkey is a state program. The main social security issues are managed by the Social Security Institution (SSI) under the Ministry of Labor and Social Security.
Social security contributions for individuals who are employed, including civil servants, self-employed and full-time household workers are paid by their employers to the SSI. Voluntary coverage is also possible. Benefits in lieu of wages, medical treatment, vocational rehabilitation and other benefits for death, disability, medical expenses and health care, pensions, wage substitution benefits to certain workers or their dependents who suffer injury or occupational disease, medical treatment, vocational rehabilitation and other benefits are also regulated by the SSI in our country.
Various savings systems are also available, such as special savings systems for employees of banks, insurance companies, chambers of commerce and stock exchanges, compulsory PPS, and endowment funds.
Although issues such as pensions and minimum living wage are the main state functions in almost all social security systems, there are differences between countries in the implementation of sickness, pregnancy, work accidents and occupational diseases. For example, in Turkey, health expenditures are a state program covered by the Social Security Institution (SGK), whereas in some countries these services may be provided by a state-sponsored insurance institution or may be fully delegated to the private insurance sector. In the case of occupational accidents, some countries cover this entirely through the state program, while others transfer the responsibility entirely to the employer.
Social security system in Turkey covers both working and pension life, all health expenditures and disability cases. This is supported by the rules and premium obligations that companies operating in our country must comply with, and by the laws protecting the health and safety of employees as set out in the Labor Code. We benefit from state programs and subsidies for the coverage of health problems, pregnancy and childbirth. Should a health problem occur as a result of an occupational accident or the negligence or fault of the employer, our social security system is again in effect. Where the employer is at fault, the SSI, the employee or his/her family may claim the expenses and/or victimization from the employer. In these cases, Employer's Liability Insurance comes into play. At the beginning of 2023, I also addressed this issue, you can access my article on Employer's Liability Insurance here.
The social security practices of the countries differ in cases of illness or pregnancy of the employee and in cases of treatment, death or permanent disability as a result of a work accident or occupational disease. Companies conducting business abroad (providing or receiving services) may require Worker's Compensation (WC) insurance in order to be compliant with social security practices, which is why WC insurance for work accidents and health problems is often included in the insurance annexes of contracts.
While doing research on this subject, I came across a website that provides quite detailed information, I share the link here; https://www.issa.int/ On this website, you can access the main headings and practices of the social security systems of the countries in the most up-to-date form: sickness, accident, disability, retirement. I have randomly selected the different examples of Illness/Pregnancy and Work Accident/Occupational Illness in different countries below:
Turkey - Bulgaria, Belgium, Germany, Iran, Iran, Israel, Japan, Philippines are countries where both program titles are provided by the state.
There is a defined contribution and social support services in Azerbaijan. The state system and cash benefits are provided for sickness and pregnancy, but for work accidents and occupational diseases the employer is fully responsible and has to insure it through a conventional insurance company.
In Brazil, Cuba, Ethiopia, the state system is in effect for sickness and pregnancy and for cash assistance, work accidents and occupational diseases.
Finland has a state system for sickness and pregnancy, but for accidents at work and occupational diseases the employer is fully responsible and has to insure them using a conventional insurance company.
In China, the social security system is a state program and there is also a compulsory personal savings model. In case of illness and pregnancy, individuals have to contribute to the state payment with their personal savings. In case of work accidents and occupational diseases, the employer is responsible and the state system is in effect.
Kazakhstan: The social security system is a state program and there is also compulsory personal savings scheme; the employer is fully responsible for work accidents and occupational diseases and has to insure them through conventional insurance companies.
Mozambique and Singapore hold the employer fully responsible for occupational accidents and diseases, meaning the employer has to insure it with a conventional insurance company
In New Zealand, the employer is fully responsible for occupational accidents and diseases and must insure them via a public insurance company.
America: There is social insurance, compulsory private health insurance (for medical expenses only) and a social support system. The employer is fully responsible for work accidents and occupational diseases and has to insure them through a conventional insurance company.
Netherlands - There is a state program, but unlike other countries, health conditions are part of the savings (pension) plans.
In Switzerland, private pension savings are mandatory, and health expenditures are completely transferred to private insurance,
Private health insurance is compulsory in Saudi Arabia and Qatar.
The above mentioned differences concern our companies that will be providing services in a country other than Turkey in several ways. First of all, in addition to being compliant with local practices such as tax, trade and penal codes, they also need to work well with the social security system. If WC risks are not transferred to private or public insurance companies in the country, this means that in case of any work accident or occupational disease, just like in Turkey, it is possible to be sued and compensated by the country's social security system, i.e. the state. This varies in each country. Additionally, the location in which the service is provided in that country is also important. If a company is established abroad and Turkish citizens as well as nationals of the country are on payroll, the social security practices of both Turkey and the relevant country apply. If they establish a company in the country but employ only local personnel, they are subject to local laws and regulations. If the company does not operate as a legal entity in the foreign country but provides services remotely (such as software, etc.) or provides short-term services without establishing a company and Turkish personnel temporarily work in the country with a work permit, the practices vary from country to country. While some countries define their system as being only meant for their own citizens, others include everyone in their social security system, whether they are Turkish citizens or not.
Since laws and practices differ between countries, there may be gaps in insurance protection. For preventing this, it is necessary to fulfill all the requirements of the Turkish Social Security system, SSI, taking into account the relevant country, whether it is a legal entity or not, and all personnel with temporary work permits. In addition, taking out insurances/paying premiums in accordance with the social security law of the relevant country; having a comprehensive employer's liability insurance that includes the judicial system of the relevant country as a supportive measure; and establishing a full insurance program with personal accident and/or life insurances valid all over the world for loss of life and permanent disability as a precautionary measure will help to fill the gaps to a significant extent.
Let me add a quick remark here and now: Physical damages or loss of life resulting from accidents (even if they occur when the employee is not performing his/her job) during business trips with temporary assignments that do not require a work visa, such as temporary training, meetings, etc. can be added to the Employer's Liability Insurance taken out in Türkiye with an additional contract. I am sharing the General Terms and Conditions of Employer's Liability Insurance here.
For all companies doing business abroad, I recommend that they carefully read the WC conditions in the contracts for work accidents and diseases, which is an important risk, design their insurance policies with insurers who have the ability to make global insurance programs in this regard, and consult a lawyer and a local social security expert.
Have a good work day everyone.
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